Q&A with John Reno, Eviction Attorney

Mr. Reno has engaged in Landlord / Tenant practice in the District Courts of Nassau and Suffolk for the last 24 years. He prides himself on prompt legal action and direct client service.

"Over ninety percent of our practice in the Landlord Tenant courts consists of evictions of tenants, primarily for non-payment of rent. We also assist landlords in preparation and/or review of leases and consultation on other matters affecting the Landlord - Tenant relationship.

We find that Landlords who contact us have often waited too long to commence an eviction, usually in an understandable effort to resolve problems amicably. Landlords need attorneys who will not compound the problem with unnecessary delays or expenses. For this reason, our main priority is immediate action. In most cases, we commence an eviction within 3 days of being hired and have our client's cases in Court within 7 to 10 days of being hired."

If you are a landlord with a tenant problem you'd like to ask a question about, please feel free to e-mail me your question.
Please Note: Mr. Reno is an active practicing attorney with limited time and will do his best to respond to relevant questions. The high volume of e-mails may require the LPA to enter your question into the LPA's Landlord Q&A Forum.

Published 2013-05-23

Dear Mr. Reno:
I rented a four-bedroom apartment to university students under a lease that expires August 31. The city did an inspection May 15 and told me that I could no longer use the basement bedroom as a bedroom due to low ceiling height (not fixable, and a "fire safety" issue) and that the tenants had to get the bed out by June 15.

I offered to let the tenants out of their lease May 31 or June 15 or whenever else they chose, provided they got the bed out of the basement by June 15. They offered to sue me because I "lied" to them (I had no idea when I rented to them that the basement ceiling was a problem) and rented them an "unsafe" bedroom. I think they're ultimately going to take my offer -- do they have any grounds to sue me after they're out?

Ward, MN

A: No they don't. The only ramification of the illegal rental is that you might be barred from suing them for rent owed. You don't have to worry about them suing you.

Dear Mr. Reno:
We have a tenant that decided he wanted to break his lease. We told him that we did not agree to that and he is still responsible for the remainder of his lease term. He decided to move out anyway and said that he would just pay rent every month even though he no longer resides at the property.

Since he moved out, it has been a struggle to get him to clean out the place and turn in his keys. We informed him that we are looking for a new renter, but would need to change the locks. He said if we change the locks it will void his lease agreement and he will not turn in his keys. We are trying to do him a favor by finding a new tenant so he no longer has to pay rent on a place he is not living in, yet he continues to be difficult. Do we have the legal right to change the locks if he has physically abandoned the property? Or do we have to wait to see if he will actually pay rent before we can do anything and just leave the place vacant through his lease term?

Chantal Bryant, California

A: Are you kidding me? You would not agree to let him break his lease?So he says "okay, I'll pay, even though I'm not there." And your problem is what? (Yes, you'll have to wait to see if he pays.)

Published 2013-05-21

Dear Mr. Reno:
I have a tenant who moved into my home and unfortunately I did not do my due dillegence because the tenants parents were the neighbors next door to the rental. Unfortunately the tenant turns out to be a dead beat. I need to remove her, have posted a state required 7 day letter. What is my next step to remove her, and how long does it usually take in Wayne County Michigan? Thank you

David Davidson, MI

A: I'm not familiar with the eviction process in Wayne, but usually 30 to 60 days is a ballpark figure. Go online for the "non-pay" forms, or visit your local courthouse. That's your next step.

Dear Mr. Reno:
I rented one of my units 2 weeks before it was vacant. They paid the security deposit so it would hold the unit and I would not rent to anyone else but did not sign a lease. Come the day of move in they backed out. Am I obligated to return the whole deposit? I could have rented it several time and now it is sitting vacant waiting to be relisted.

Tammy

A: I think you can hold it, otherwise, what's the point of taking the deposit? On the other hand, to stay out of Court, why not offer half?

Dear Mr. Reno:
I was issued a 3 day pay or quit notice and on the third day I offered to pay the rent and the landlord refused to take the rent. Can he still evict on these grounds?

Dan W., WA

A: No. You are safe for now. If there's no lease, he'll give you at least 30 days (or is it 20 in Wash? I'm not sure)

Dear Mr. Reno:
I have a quick question. We own a duplex. One of the units we have a "month to month" lease (again in Kentucky) with a female tenant. She signed the lease assuming full responsibility financially (rent, damages, etc.). She wanted her son (who was 18 yrs old at the time the lease was signed about 9 months ago) listed on the lease as someone able to reside with her at the unit. We listed her son.

However, her son did not sign the lease (anywhere).

We are at a point where we do not want to renew the lease. We have this option in the written lease agreement (month to month - lease states we must provide 30 days notice). We know this is a standard thing whereby we must provide 30 days notice advising tenant we are not renewing.

What we don't know is:

1) Do we also need to provide this 30-day letter of our intent not to renew to the son (who has never signed the lease but is named as an authorized occupant on Mom's lease)?

2) If they do not voluntarily leave after that 30-day timeframe........do we need to mirror for the son everything we do for his mother (mother signed everything). In other words, do we need to have the sheriff serve the son along with Mom to appear in court (should they not leave voluntarily).

We have a scenario where we've heard the son has also moved in his girlfriend (without our approval). So, we actually believe there is an illegal person residing in the same unit - but we have no proof just yet (just word of mouth and we see this girlfriend several times a week at the property).

But -- staying on the topic -- we expect the Mom to attempt to leave the son in the unit (even after she is forced to leave - dragging it out as long as possible - even attempting to dodge being served). We want to do this the right way so that they not get to stay in the unit longer than necessary (this is why we are asking at the beginning to try to do this process correctly for state of Kentucky).

Thank you - any advice is appreciated.

Donna

A: First, that was NOT a "quick question". It was a manefesto.
1) Yes.
2) Yes. To be safe: To avoid Mom using son as a defense, treat him like a tenant- as if he signed the lease.

Published 2013-05-17

Dear Mr. Reno:
I have a question related to security deposit. In my lease it states in underlined and bold print the following statement. Refund: Tenant must give landlord at least 30 day written notice of surrender before landlord is obligated to account for or refund the security deposit.

I did not receive a 30 day notice form my tenants but did receive their forwarding addresses on move out. Does this count as the 30 day notice? My tenants caused at least the amount of the deposit worth of damages that would not be considered normal wear and tear.

I sent them a letter in January stating I would not renew their lease. Does this count as their notice to move out? I would rather keep their deposit based on the Texas property code section 92.103 b, that states "A requirement that a tenant give advanced notice of surrender as a condition for refunding of the security deposit is effective only when the requirement is underlined ir in bold print in the lease. I would like to save myself the fight over the damages they caused and just keep the money to make the repairs on the error they made by not giving a notice.

Second part of my question- My tenants kicked in my bedroom door while assaulting each other. I sent a letter and told all three not to repair anything on my property and my agent visited the property and reiterated this point. They made the repairs despite the lease terms and texas property code prohibiting this. They also broke a window and fixed this themselves, after the written notice. Can I sue them is small claims based on the property code 92.0561 f) and 92.058 a) says I could sue for one months rent plus $500. I am just worried this could be considered done in bad faith. I am not sure though.

Any help or advice you could give me I would greatly appreciate. I am not cut out for the rental property business.

Christina H., TX

A: You can keep the sec. deposit because of the notice, but you should itemize the damages too. I doubt they'll sue for it when they're losers on 2 theories.
Part two, why, why, why would you do this? They fixed the door and the window! I don't care what 92.0561 says, there's no "there" there.

Published 2013-05-16

Dear Mr. Reno:
When the tenant was evicted by the NYC marshal for non-payment rent. Can the landlord rent the apartment immediately and throw the tenant stuff out, if the tenant does not come to pick up his/her stuff within one week from eviction date? Thanks

Sally C., NYC

A: You can rerent now, but throwing out the stuff is problematic. You should store it away somewhere for 30 days.

Dear Mr. Reno:
I am leasing a large two story home to a nice guy who pays on time. He has built a automatic gate to the driveway at his expense with my approval. My concern is he has LOT'S of stuff, has moved two large storage sheds onto the property and has the two car garage full of tools, etc.
He is not in the best health. What can I do to assure a rapid removal of all the items and storage sheds in the event of his death?

Stuart

A: It never ceases to amaze me what keeps you people up at night. That's your biggest worry?
Really?
It won't take longer but the removal process will cost you more if he dies mid-lease because you may have to go to court to get possession, I guess you could raise his security, if you want to offset that future liability- but I don't want to be the one to explain to the tenant that your making arrangements for his demise!

Published 2013-05-15

Dear Mr. Reno:
I just had a tenant evicted and they are gone with no notice of current address, I do have a court judgment against them for $3300.00 for not paying rent, what are our options to collect and how? if we can not find them (no change of address, etc...). Thank You

MK, MI

A: JOIN THE CLUB. These people are fly-by-nights. (By the way, even if you knew their new address, it wouldn't help you. Without an employer, you're generally out of luck.)

Dear Mr. Reno:
I'm an on-site apartment manager in California, with an "uninhabitable" question.

I've just taken over managing my daughter's rental house (which is an hour's drive away), as the proper;ty management company she hired didn't work out.  Short story, they kept hiring repair work done for exhorbitant prices without getting permission, and calling things "emergencies" such as a tree limb falling on the ground ($600 to trim tree on emergency basis?) - and contracting for repairs over the $500 limit that should only be charged with permission, unless they are "emergencies".  Anyway this has been going on since October, so she just terminated that contract.

The problem is, that there was a sewage back-up at one point, which was cleared up after being twice snaked out.  The property management company called their construction pal, and he said that the entire pipe line needed to be replaced into the street at a cost of $4,000, because the backup "could" happen again. They allowed him to dig a hole in the yard, and bill $1,000 (after the pipe was cleared) before my daughter put a halt to that, But, apparently, he made a big deal in front of the tenant that this problem really needs to be fixed, as the backups "could" happen again anytime.

Currently there is no problem with water flowing, or water draining, or the toilet flushing, and no one can smell anything who goes to inspect the problem.  The work was done about a month ago, and all still working fine, only the tenant says she smells odors, but there is never an odor when manager or contractor goes to check it out.

The tenant is "afraid" of the sewer backing up again, and says she can still smell a smell at night when she takes a shower.  She is not doing laundry at the house because she is "afraid" it might cause backups.

She's claiming the house is uninhabitable.  We told her that we would allow her to break the lease at any time with no penalty, if she wants to move, but that my daughter can't afford to fix the sewer pipe, and it seems to be working at this time, but if she feels it's uninhabitable, she is free to move.  But, if she stays, she has to pay rent.  Frankly, my daughter would like her to move and put the house up for sale.  The current lease isn't up until November 1st, 2013.

I guess I'm asking if you've had any other experience where a tenant says a place is uninhabitable, but LL disagrees?  How stringent is the court on what is uninhabitable?  If we have written reports that things are draining, water is flowing and nobody can smell anything except the tenant, is that good enough for a judge?  Any advice on what to do or worst case scenario?

Karen K., CA

A: Didn't you say something about "short story"? Oh yes, that was six paragraphs back. I almost forgot. Anyway, you've got nothing to worry about here. If she tries to not pay the rent based on this, they'll laugh her out eviction court. (I do agree with letting her out of the lease. She's obviously a problem child.)

Published 2013-05-13

Dear Mr. Reno:
If a tenant gave us a verbal 30 day notice, is it binding? Or do we have to give them a written letter as well? We have a tenant that gave us a 30 notice verbally last week.

However this past weekend, he did not pay a balance due on his rent and he had words with my husband the Landlord.Now, he is saying he is not leaving and that means we if even though we gave him a 30 day notice yesterday when we go to court, he will get another 30 days before he moves out.. The only way in NY to avoid this is to give a notice before the 30th of the current month that will allow him to be out by the end of the next month. However when my husband told him about how destructive he has been and the "traffic" that comes all hours of the night to his apartment" my husband told him he has to leave and he said he would. Now, just yesterday,he is rescinding his words and is saying he is not leaving even though he was given a written eviction notice from us. So if we go to court, we will get the eviction but it will allow him another 30 days. But being he said originally he was leaving by the end of this month, how binding is that even though he said yesterday he is not leaving? We want him out as soon as we can to avoid any destruction. Even the deposit would not cover all the damages if he gets spiteful.

Also, in NY the water board use to send the water bills in the tenants name now they changed that so it goes to the Landlord. If the tenant does not pay the water bill, it will get shut off but we are stuck with the bill. We never see any money when we evict a tenant and even if we go through the process of garnishing wages which is a lot of paperwork back and forth to the court and we have to serve the papers, they can leave their job and continue to do this and we have to start all over again, finding where he works, getting the Constable to deliver notice and us serving papers to them personally, that it can cost us to lose our own home. NY laws seem to be more in favor for the tenant that the landlord. But if you can tell us about a verbal notice from a tenant and even though he changed his mind a week later, is it still binding?

I hope you can help as we cannot afford an attorney .

Elaine, NY

A: If you're planning to evict them as a holdover, you'll still need a 30 day notice- even though they gave you a verbal. His verbal is not binding. Sorry.

Published 2013-05-10

Dear Mr. Reno:
I rented a home with a verbal agreement and no lease. The tenant has not paid rent in almost 6 months and refuses to move. What can I do to legally evict her.

Lee, Illinois.

A: You don't need a written lease to evict for No -pay! What are you waiting for? Call a local lawyer, or get your butt down to the courthouse. (Why are you still sitting there?)

Dear Mr. Reno:
I reside in New Orleans Louisiana and my landlord passed away 1 year ago her daughter took over the property and my husband and I continued to pay rent to her daughter however we received a seizure notice on the property May 3,2013 and it stated chase bank vs the deceased persons name I was told by the daughter that she was taking care of everything for her deceased mother I called the bank myself and was told no arrangements have been made to make the mortgage current I was also informed that mrs Aaron's daughter cannot obtain any information on the property unless she has a signed notarized letter stating her mother is deceased and she is over her mothers assets I called her and told her what I was told she denied it and said she paid 5,000 dollars on the mortgage I need to know do I continue to pay this woman rent when the house I'm renting is in foreclosure?

Sonja ,LA

A: Yes. If she's the Executor, she can evict you. If not, stop paying & she'll become the executor and evict you. Eventually, the bank will evict you anyway. So pick your poison: Do you want to be evicted today or later on?

Dear Mr. Reno:
I had renters sign deposit agreement and month to month rent checklist acknowledgment before. They took possession on 2nd wk Sept 2012 and moved May 1, 2013. I have house for sell as I am relocating out of state due to family. and they agreed to show house-then called verbally saying they were moving in 10 days// When I went to see house with realitor to give them 1st option to buy or go with investor--- they had all nice & clean in front of home, and then when perspective buyers went to visit-they left it smelly in master bath on purpose.. I gave them good report on paying for last 6 months to new perspective landlord. When they moved last weekend the whole front of house lined with garbage and heavy objects, a hole in living room wall like bk or something, & didn't put box of new tile down they asked for with paint in living room just sitting there.. Now after moving-they want their 2 month deposit back, and one month rent back. I told them they signed contract for 30 days written notice to vacate, & to receive deposit back had to be there for 1 yr upon moving, and inspection of house with no damages. . Am I wrong not to give deposit back with them not giving sufficient notice, and damages and items lining the street to be discarded? NOT TOO WORRRIED LANDLORD...

Kathleen

A: If the repairs don't justify keeping the whole thing, you're on shaky ground. People are being sued left and right especially in those states that have strict security deposit laws. You need a security settlement statement and paid receipts.

Published 2013-05-09

Dear Mr. Reno:
Problem: Our current tenants are breaking their year-long contract. They are moving to England and I'm afraid we won't have any recourse against them since they are leaving the country. Is there anything we can do if they don't pay out their rental contract?
Thank you,

Shelby and Dave R., Nevada

A: Well, you could follow them to England, but I doubt it would be cost effective. I guess you're stuck with just security. (Don't let them live it out- start nonpayment eviction as soon as they default.)

Dear Mr. Reno:
We had a tenant in PA who paid her rent late for 8 months with one excuse or another and leaving her 18 year old daughter in the apartment as she moved out. Just after I paid to file eviction, she turned in the keys and moved out at the end of the month. She had paid for the first, last and security deposit which brought her to the end of the month. I went through with the eviction but the judge was pissed that we were still there and she turned in the keys. She turned out to be a professional crappy tenant. She left us with an almost $900 electric bill and some minor cleaning bills for the apartment. Even though the judgement was by default for the tenant, can I still go after her for the damages and unpaid electric bill? Do I need to do so within 30 days of the filing of the judgement or can I file at any time? We did send notice of the damages and unpaid bill to her since the judge was kind enough to force her to give us two addresses. Thanks!

Rich H., PA

A: Yes, you can sue for the electric & damages after the fact (many Landlords do) because often we can't determine the damages until after the eviction is done.

Published 2013-05-08

Dear Mr. Reno:
I own a place in upstate NY outside of Binghamton.
My tenant has avoided picking up 2 mailed notices that I sent in March and April (single envelope), respectively, that advised: 1) a Notice to remove a trampoline by a date certain (now passed) she put up in the back yard and, 2) a notice of rent increase. She never retrieved nor pursued the envelops from post office once carrier unsuccessfully attempted delivery. Second delivery attempt also unsuccessful. Thus, she has avoided 2 certified return-receipt-requested type deliveries from the post office. I also sent her an email about removing trampoline and rent increase which she did not responded to. She is on a month to month tenancy. I do not have her phone number anymore (she disconnected home line.). I want her out. I know I can give 30 days notice re: requesting my place back but what if she avoids that notice as well?

Do I need a process server to deliver my above notices or the notice to get my place back? How do I handle the trampoline issue in interim...?

Randy, NY

A: First of all, the Courts hold people responsible to claim their certified mail. If they don't, it's their problem- not yours. The Court will consider it message sent & received, even if they don't claim it. Me, personally, I'd be just happy that you're getting the rent, but if you really want to end this, hire a process server to serve the house before before 5/31/13 with a Notice to Vacate by 6/30/13. They'll know what to do.

Dear Mr. Reno:
If a tenant has to be evicted, what should be the policy on giving back the security deposit? Thanks

KD

A: I'm assuming that you want to hold it for unpaid rent. I don't know the answer. People are being sued left and right, especially in those states that have strict security deposit laws. Whether or not you can use security for rent is very controversial. You need to speak to a local attorney. On the other hand, if you can offset the entire security for repairs with paid receipts, you should be fine.

Published 2013-05-07

Dear Mr. Reno:
My father has been in a serious car accident and will be in assisted living for months to come. He started a lease at an apartment complex in Jan 2013 and the lease expires on Dec 31, 2013. The lease does not have any stipulations regarding early termination so I've approached the landlord. He randomly came up with a settlement figure. I asked him how he got the figure and his response was he has a formula but doesn't tell anyone that formula. The figure does not average out to be 2 or 3 months rent, it's a rather arbitrary number in my mind.

First, is this legal. How can he have a formula but not disclose how it's used?

Second, are they allowed to make up their own "formula" or is there a standard to follow when coming up with a settlement?

Thank you for immediate response. I don't want this to drag on as I'd like to release my dad from his obligation at the apartment.

Ali K.

A: There is no formula. That's a negotiation ploy. However, he has made an offer of settlement you should consider. If you break the lease. You will be responsible for all lost rent. How long will it take him to rent the unit? No one knows. It's a game.
How's this for a counter offer: Pay May rent, waive security, maybe throw in one extra month?

Dear Mr. Reno:
Tenant will not pay security deposit as stated on the lease. She moved in saying VA was holding up her money, promised but never paid the deposit.
Can I evict her for violation of her lease due to the fact she did not pay the security deposit? Is it not a violation of the lease to not pay the security deposit, since its in the lease that its to be paid. Sincerely,

Debi C. Hawaii

A: NO, NO, NO CAN DO. You know you should not have given her possession without a security deposit! But you did, and what's done is done. Now move on.

If they don't pay the rent, you evict for non-pay. You want to evict now, because someday in the future, you may have to evict? That makes no sense. Trust me on this. You can send them reminder to pay security notices- but no court. That would be a mistake.

Published 2013-05-06

Dear Mr. Reno:
My name is Mark Knowles. I live in Vermont. My question is: How much is a landlord responsible for the negligent actions of a tenant? The example would be that a tenant had a car accident that caused damage to the Condo association property. The tenants auto insurance won't cover the replacement costs of the damage and the Condo Association wants to hold the landlord responsible for the remaining costs. Their view is that the the Landlord should pay because he rented the unit to the tenant. I am also wondering if a landlord is responsible for a random act of vandalism to association property by a tenant? Thank you for considering my question.

Mark, VT

A: A famous lawyer once said every answer from a lawyer should start with the words "it depends..." so guess what? It depends, it depends on the Condo by-laws. As a general rule no one is responsible for another's negligence or vandalism, UNLESS you've agreed to be liable (in your by-laws.)

Dear Mr. Reno:
My Situation:  I had purchased a home and owned it for 1 month only. After a month it was sold to an LLC. 

We had a shared meter situation with the tenant where one meter covered 1st floor and the basement.  Since the basement was not occupied by the tenant she had shared meter agreement between tenant and previous landlord.  The agreement stated that the landlord will pay $150 monthly for the basement usage and the tenant will be paying the rest. 
When I purchased the property we agreed to continue the shared meter agreement.

I have made my payment for one month and then officially sold it to LLC.  The tenant moved out few months after it was sold to LLC.  Then I received electric bill for $5000 on my name. 
I called ConEd and told me that I was the owner for 1 month only and I had the agreement to pay $150 which I paid.  The new LLC continued to pay $150 monthly but tenant never made payments for long time which resulted in  $5000 balance. ConEd said that since I was the owner even for 1 month I am responsible for last 12 months of the tenants bill.

It seems very unrealistic that landlord has to pay for the service of the tenant.

Question 1:  Is there any shared meter law where the landlord is responsible for paying the electric bill if the tenant did not pay the electric bill? If yes, what is the name of this law and where I can see it?

Question 2:  Even if the above law exists should not I be responsible for 1 month only in the amount of $150 since I made agreement with the tenant? Should not the current LLC be responsible for the rest of the months when the tenant occupied the premises?

Thank you very much for your answer in advance.

Eli, Brooklyn, NY

A: You have stumped the panel! I have no idea. NYC has its own regs, called the NYC Administrative Code. Maybe it's in there. (Ask Con Ed what statute it is. They'll probably tell you.)

Published 2013-05-03

Dear Mr. Reno:
I have been a landlord for 7 years and luckily never encountered a bad tenant like I have now. She has paid late twice in 7 months (has paid the late fee) but was nasty the 2nd time when we kept asking for the rent til we t's her there would be consequences and a formal letter sent. She has many excuses. She also violated the lease by getting a dog without prior written consent, as noted in the lease.
And she is just passive aggressive in nature w her interactions w us. Her lease is up Sept 30, 2013. The lease states we must offer a renewal unless just cause. Do we have just cause not to renew? Our concern w sending a letter now stating her violations is that she won't pay rest of rent. We have to give her notification of renewal 60 days prior to end of lease. What do you recommend? Try to avoid renewing her, restate the lease upon renewal, or something else?
Thank u for your time and advice.
Regards,

Joy

A: O.M.G! YOU MUST OFFER RENEWAL UNLESS WHAT!! WHAT IS THAT? THAT'S THE WORSE CLAUSE I'VE EVER SEEN! Okay. Send your letter. Don't renew. You have to try. But I see court proceedings in your future.

You should send a lease violation notice regarding the dog. That is just cause for non-renewal, along with any nonpayment that hopefully won't happen.

Dear Mr. Reno:
I have a situation I've never encountered and I'm not real sure how I should handle it. I have a property management company and I manage this particular property for someone else. Since January the tenant in this property has been late paying her rent. She doesn't respond to my late notices and she doesn't return my phone calls. At the beginning of last month I gave her and eviction notice because she was two month's late. She brought the money plus the late fees and I dropped the eviction. This month I gave her another eviction notice and didn't hear back from her. I filed judgment and court date has been set for Thursday of this week. The owner does not want to forgive her this time. However, while I was out of the office last week, she brought her rent in including the late fee and someone with another agency in our building accepted it and wrote her a receipt. I am holding the cash rent and I know I can't go through with the eviction if I deposit her money. After the rent has been accepted, eventhough it was not accepted by my company, could I legally give her rent back to her and continue with the eviction?
I would appreciate a quick response considering I only have two days before court date.
Thank you,

Dean

A: She's paid up. Sorry. You cannot refuse the rent & then proceed with non-payment. Even had you thrown the rent back in her face, it wouldn't have mattered. She still would have "tendered" it (offered to pay.) That dismisses a non-payment eviction.

Dear Mr. Reno:
I am a LPA member and need some advice.
I issued a 30 day holdover notice to my tenant expiring on 10 June 2013
The tenant's rent was due on 10 April for period 10 April to 9 May. Can I issue a non-payment notice for rent not paid as of 10 april?
Please advise
Thank you

Leena, NY

A: Controversial. I say yes. I would try it. That way, you can start a proceeding now, probably reach a settlement on vacating 6/10/13. That way, you won't be back in court this summer.

Dear Mr. Reno:
I have been managing properties in Fresno CA for over 10 years now and been involved in a number of evections, mostly for non-payment. Issues when in court primarily boil down to the attempted collection of 'late fees'. Even with legalize written into the lease, the judges out here refuse to enforce the charging of 'extra rents' in the form of late fees. I have even seen judges throw cases out totally because late fees (within legal limits) are listed. What can we as landlords/managers do to get the court systems to step back and correct this?

Mike H. - Fresno CA

A: Nothing. The individual state legislatures would have to act. There's no political will there. The tenants outnumber the landlords.

Published 2013-05-01

Dear Mr. Reno:
I had a tenant three months behind. This is a warehouse he was using to work on cars at night. My lease says I can remove his property if he doesn't pay up. I sent him notice that if he did not pay by 10-31-2012 his tenancy was over and his stuff would be removed and sold. I then hired an attorney because I wanted to be sure I was doing it right. He used the abandoned property statue to serve my tenant that his property would be sold to cover storage costs. The same day I mailed the notice my tenant came at night and removed his stuff(he was not locked out). I was notified by neighbors that there was someone at my property so I went there. He was removing his stuff and the garage door had been broken into ( I believe because he was unable to open it since it was on a opener and he had the power shut off) He said someone else broke in and he didn't do the damage. So I called the police and filed a report because my insurance will not pay without a police report. He refused to wait for the officer to arrive in fact threatening to run my truck over as it was parked in his way. His father said he got f***** on his rentals he was going to f*** us. I thought this was all over except for the mess he left and started cleaning up. A week later he again entered the premises at night (this was Nov. 29th) and removed a desk and some old car parts. I called the police, as he had left the premises and I felt he was no longer a tenant. On Dec 1st I changed the locks, the same day he came into the police station, stated he knew he was not supposed to be there and they charged him with trespass. It was later dismissed.

My problem is this. He is saying he is not responsible for any of the $1500 I had to spend to clean up used oil he left behind, clean the floors with muric acid to remove grease or the cost of hauling out all the junk he left behind, not to mention the garage door. He even wants his deposit back!!!!!! He says I illegally evicted him.

I though I was doing everything right as I had hired an attorney to write the lease and to help me with papers to get him out.
What do I do now?

Judy, Dawson County Nebraska

A: I agree with him that the eviction was illegal, but we're past that. He could have filed an illegal lockout petition then- but he didn't, so now you're in good shape because the case is about clean up & one thing has nothing to do with the other.

Dear Mr. Reno:
Hi , my tenant asked me for several repairs and made it seem urgent to fix it ASAP . I tried to schedule an appointment with an electrician and he didn't make it several times. finally he called me that he was coming and so I call the tenant to let her know she didn't not answer I sent several txt messages and knocks as hard as I could for as long as I could. I was afraid the electrician would leave and wasn't sure how much longer it would take to get it fixed so I txt her again that I would be entering with no answer. We were already leaving and she came out angry screaming . I apologized and explained etc. her boyfriend who is not on the rental agreement came out using a hypothetical situation about waking up thinking I was a thief that he would have shot me. Can this be considered a threat ? How can I evict them ? How do I document him living there with out authorization.

Jasmin M. , Los Angeles , California

A: Wait 'till the lease is up- don't renew it. Period. Don't try to evict mid lease- it's a losing battle. As long as they're paying, you're stuck with her and sleeping beauty. Should they default, then you're cleared for take off (non-payment eviction.)

Published 2013-04-29

Dear Mr. Reno:
Can I evict tenant in violation of lease due to failure to pay security deposit?

Deborah C., Hawaii

A: Probably not. Your lease would have to expressly authorize that. But if they are current, why would you? You shouldn't have given possession without a security deposit, but you did - that's on you. So let's move on. Don't compound the problem with court.

Published 2013-04-25

Dear Mr. Reno:
I have a tenant that has been a problem (unauthorized extra person, extra animals) and I am needless to say, not going to renew their lease which is up July 31, 2013. I did not use the LPA lease. The property is in Caldwell Idaho. I will give them proper written notice of lease non-renewal sent both regular mail and another copy sent certified mail. I will advise them that if they do not vacate by July 31 that they will be in a hold-over status and the hold over rent will be $50 per day.....their lease does not state this, so can I do it and what is the maximum dollar amount that
I can charge for overstaying their lease?
Thank you in advance for your reply. I read your advice all the time on the LPA website.

Larry Winters
LPA member Camano Island, Washington

A: That's not gonna fly Larry. It's very hard to unilaterally raise the rent. If the tenant doesn't agree to it, you have to evict. When you're in Court, you can ask for a judgment based upon your new rent, but don't count on it. Even if you've taken all the correct legal steps, most judges wont hold the tenant to a rent he never agreed to.

Published 2013-04-24

Dear Mr. Reno:
Evicted tenant "undesirable tenant" – he and girlfriend (non-tenant fought daily with law involved). Both keep coming back in the park – is there a legal way to keep them out of the park – his Mom lives in the park.

Cynthia Shockley, South Carolina

A: That's beyond my pay grade. You already evicted them! Now your talking about the park which is really their decision. I think its technically private property, and park management could bar him, but you'll have to convince them & I doubt they would get involved. Unless, you're the owner of the park!

Dear Mr. Reno:
I have a tenant of 8 years , he has the 1st to the 5th to pay on time , his late fee of $5.00 a day starts on the 6th. He usually pays 20-28 days late,never will pay a late fee. He says June will be his last month, Im certain he'll pay Junes rent very late as usual , I suspect he'll pay nothing for June ,knowing I'll keep his $400. deposit, his rent is $600. My question is in June as soon as he is ONE day late, can I give him notice to pay rent with late fee or be OUT in 10 days , that eviction notice comes from the PA's office. Thanks

Mike T.

A: Yes, you can try that. But you will have to start an eviction if he calls your bluff. "Pay rent or be out" does not enforce itself.

Published 2013-04-19

Dear Mr. Reno:
My name is Elaine, I own a home in Penn Hills, PA. My tenants are rent to own and have been living in the house 4 years. They broke the original contract and begged to have it renewed which we agreed to. Over the 4 year period they put money into the property but also degraded some of it. They never respond to our communications. They are always a month late with rent, taxes, and water. This year every month is a struggle to get the rent. They have not paid March or April. Its due the 1st of each month. We have determined that they are again unable to retain a mortg My name is Elaine, I own a home in Penn Hills, PA. My tenants are rent to own and have been living in the house 4 years. They broke the original contract and begged to have it renewed which we agreed to. Over the 4 year period they put money into the property but also degraded some of it. They never respond to our communications. They are always a month late with rent, taxes, and water. This year every month is a struggle to get the rent. They have not paid March or April. Its due the 1st of each month. We have determined that they are again unable to retain a mortage lender and we have served them with an eviction notice. We have also retained a lawyer in PA. My question is this. They owe us a great deal of money. If we take them to court will it cost us more than the $5000 they owe us? Or should we just count our loses and be glad we have our home back? Thanks in advance for this most generous website.

Elaine, PA

A: I'm glad you hired a lawyer because the "rent to own" aspect of this can complicate the case greatly. It still shouldn't cost more than $5000, but that's not the point. You need to end this here. You'll probably get a money judgment for the unpaid rent, which you may or may not collect- but again, getting possession is more important.

Dear Mr. Reno:
Sir, in upstate ny the Judges have implemented 2pratices. The first is the final 72 hour notice weekends don’t count. Property managers representing out of town owners must hire an attorney to go to Court for all evictions even though I write the leases rent properties and do all eviction paperwork. Is this all the way things are supposed to work?

John Swezey, NYS.

A: They don't count weekends here either, and any way, 72 hrs just means "next chance Sheriff gets."
There's away around the other problem. Try naming owner AND property manager "as agent" as Petitioners. That way PR is a party! I've done it.

Dear Mr. Reno:
Hello from Lisa Zab in Pennsylvania,
I am getting my former home ready for tenants to move into and have a question about liability and privacy fences. In the months since I moved out, neighborhood children have been playing in my front and back yards. The house had been vacant so nobody was being bothered by the noise or “trespassing.” But my new tenants will be moving in next week so I’d like to know: ***What’s the best way to communicate to the neighborhood kids (and their parents) that the children are no longer allowed on my property?

The next door neighbor (whose kids are the ones usually playing at my house) is installing a privacy fence between our two houses (which I agreed to, and split the cost with him for.) He’s done some of the work already but now says he wants to put a GATE in the fence, connecting our two yards.

***Since the fence (and possible gate) would be on HIS side of the property, do I get a vote in whether it includes a gate or not?
I fear the gate would let the kids think they can still come over and play in my yard. Also, the new tenants have a DOG, and I want to make sure that the dog would be secure in the yard. My fear is that the kids could leave gate unlocked, dog could escape, etc.

I’m a first time landlord so I’d appreciate any information you can give me. I want to continue to have a good relationship with the folks who were my neighbors for many years, but I also want to create a nice, safe environment for the couple (and dog) who will be my tenants. Thanks for any response!

Lisa Zab in Pennsylvania

A: He's putting up the fence. It's his fence. You don't get a vote. Sorry. In a perfect world, you would get your dream fence, but he's paying for it. You could express your view (nicely, I hope) but that's about it. Last resort, your own fence??

Published 2013-04-16

Dear Mr. Reno:
I am a landlord using property management. My tenants pay on time every month. My PM never pays me on time. Currently 2.5 months behind. PM fails to respond to emails from me & tenants. It's to the point tenants contact me directly since PM does not respond. Can I sue PM for breach of contract and get the 10% monthly fee back?

Eric Rothamel, PA

A: That wont work, but why are you complicating things. This dude obviously needs to be fired. So what's the problem? Who needs court?

Dear Mr. Reno:
. I rented my house Aug 2012 on a written 12 month fixed term lease and then goes month to month. Tenant is in military reserves full time, works as Airforce Colonel -- who has turned into a bully. Can I terminate his lease once it goes month to month? He and his wife gave me a hard luck story so I rented him my executive home for $800.00 a month - she was to do the yard work, she did it for two months-- now it's a mess. She constantly breaks stuff-- and so does he. Found out they have multiple homes across US and are bullys. How do I get them out after the lease expires? HELP! My father was a military man -- I am appalled. Have had the Police out twice for violent outbursts against us when they call us to fix things.

Patricia from Ohio

A: Serve a 30 day Notice to Vacate prior to the lease expiration. You have to read your lease carefully. Often, the procedure to terminate is in there. If not, serve notice more than 30 days prior to expiration. Then eviction court. This is tricky. Hardest person to evict is a tenant that's current in rent- especially GI Joe. Good Luck!

Published 2013-04-13

Dear Mr. Reno:
I am licensed to carry handgun with permit. I was charged with theft for the handgun after purchasing it unknowingly. Police took me to jail is it lawful to be evicted from my condo because of this?

Lakesha, TN

A: No, you can't be evicted for that Lakesha, but, and this is a very important "but", have you read your lease and condo rules? Is there a provision that allows the condo to terminate a lease if the tenant is convicted of a crime? I've never heard of it, "but" if it's in there, that's a problem.

Published 2013-04-12

Dear Mr. Reno:
I have a case filed in small claims court that I need to file for a continuance. The court requires me to show proof that a copy was served to the other party. I am not sure of the best way to go about this and of course the clerks office cannot give me legal advise. I have a letter to the magistrate stating my reason and requesting a court date after May 18. I also have copies of my scheduled events as to why I cannot make the original court date. I do not want to send all this information to the party I am taking to court.
Thank you for your time,

Christine

A: NO CAN DO CHRIS. You can't insist on "private" communications with the Court. That's a "No-No." Mail a copy of your explanation to the other party & then add a "cc" to your letter. (Some small claims courts waive this requirement- yours obviously don't.)

Dear Mr. Reno:
I'm thinking about joining LPA. Going forward, I had tenant from hell where she a lawyer used security deposit as last months rent even though lease stated security deposit cant be used as rent payment at anytime . She gave notice on dec 7th that she will leaving on jan 31st and she will NOT pay January Rent . She left the key on feb 1st -thus causing me to loss that month rent . In addition , they had about $175.00 worth of damages . Her initial security security deposit was month & half . I mail certified check of security deposit minus Jan rent and $175 worth of damages listed on itemized on certified mail . I received a letter from her stating that damages were there before and demanding $175 to return or she will file motion with court . Im thinking about counter suing her and report her credit bureau Please advise what I should do ..
Thanks in advance for immediate attention on this matter.

John in NY

A: She's bluffing. Keep the security, I doubt she'll sue for it. But if she does, then you can file a counterclaim.

Dear Mr. Reno:
Not sure u will answer this but can't hurt to ask. We received a 30 day notice Friday 3/15/13 to vacate due to non compliance of some boxes in our living room and dishes in the kitchen. They said we received a notice on 1/31/13, we never received this. The boxes are not blocking exits and the dishes were in the sink and only not done because they hadn't fixed out dishwasher which we had asked for. Is that something people normally get asked to leave for? Can we fight it? Kansas

Troy, Kansas

A: That is odd. The problem is the landlord doesn't technically need a reason at all. One possible defense is to ask you leave on 4/15- is that the middle on the month, because that's not allowed, at least not in NY (now all my landlords are mad at me.)

Published 2013-04-09

Dear Mr. Reno:
We manage a mobile home park and have a tenant who has been a problem since day one! We handed the property owner enough documentation for eviction, however, he detests confrontation. The property owner would not have a viable business without our expertise and tells us that constantly, however, he will not back up the leases. This tenant has torn down his mobile home and still has personal property on the lot and refuses to pay for last month’s rent or anymore rent at all. The tenant has not occupied the mobile home for well over a year, it has just set there in a state of disarray.

Now, we have a party interested in putting a new mobile home on the lot and we are unable to commit because of the current problem. What is the solution to our problem is it better to ask the property owner first, or do what needs to be done and ask for forgiveness later?

The Whittemore’s, Hampton, Virginia

A: You need to talk to a mobile home expert (attorney); you're a little out of my area, but here's my gut reaction: you need to evict this tenant. He's not living there, but if his stuff is still there, he's still technically in possession. If you dispose of his junk without an eviction, you're jumpin' the gun and in for a world of hurtin' if he sues.

Published 2013-04-05

Dear Mr. Reno:
I had 1 yr lease with family expiring on April 11th. A few times this yr I contacted tenant via text to say I'd not b able to do another yr lease d/t marital problems & need to reside back in my home at the rental at year end lease end. Husband became less emotionally verbally abusive for short time only. Now I must move home or go insane in his home. I had texted I would grant another year lease a month ago but now I need to give them notice lease needs to end close to legal lease end 4-11-13 . Husband escalated negative behavior & I need my home for sanity. Work from home & need office w locked door . Are texts & verbal msgs putting me in legal wrong by granting a yr due to be signed in 2 wks & now asking them to leave in 60 -90 days?? That will be beyond lease end granting extension to procure a rental home. (Giving them 90 days to vacate)

robin hearn, CA

A: Definitely maybe. It all depends on the substance of the texts. If they're specific, then you can extend that way. Its problematic.
Serve your 60 days notice. One step at a time. That's step one.

Dear Mr. Reno:
I lost my job and allowed somebody that needed a place to stay for a few months to come live in my house. we were both under the agreement that it's not permanent and they would be looking for a place while they were here. I learned very quickly that this person was dealing drugs out of my house. since I do not and the property I did not want the landlord to know they were here, so I myself have been trying to get this person out for a couple of months. I have numerous text messages saying that this person is to be out on today's date and they have agreed to it over a month ago. they have refused to come get the property and to be out of my house. since I never mailed an eviction notice him I just screwed?

Jennifer, North Carolina

A: Text wont do it. (That's for your boyfriend) He needs a written Notice to Vacate- then eviction court. (He's not gonna leave voluntarily. He knows he can't beat the rent you charge, which I assume is Zero.)

Published 2013-04-04

Dear Mr. Reno:
I have a house in West Babylon NY with a legal accessory apartment upstairs. My tenant of 4 1/2 years has let her bathroom mold out so bad that the water leaks through the grout and has destroyed my bathroom ceiling below her. This has occurred several times already over the years after my husband re-grouts and re-caulks. We are finally sick of this, and have asked her to move by May 1st and I told her that i would keep her security deposit for repairs. She now stated that she will not pay her last months rent. Is that legal?
Please advise if you have the time. Thank you so much!

Beth L., West Babylon,NY

A: This is the age old dilemma. No, it's not allowed, but what do you do? You could commence a non-payment proceeding, but you'll incur legal fees, that you may not recover. You could wait to see if she vacates, but if she doesn't, you'll lose may's rent and maybe June. Dammed if you do, dammed if you don't. (I'm in your area, feel free to give me a call at 667-RENO.)

Dear Mr. Reno:
I have tenant that had brought a dog on the property without my permission. I had notified the tenant immediately that the dog needed to be removed or she faced eviction. It took her 4 months to remove the dog. I scheduled eviction for March 30, 2013 and I called to remind her of the appointment and she tells me that she is not moving out, since she does not have the time to pack and has not place to go. Her rent is being paid by an agency.
What is the proper procedure?

Heiko, Pittsburgh, PA

A: That dog won't hunt. Now the dogs gone? So why the eviction? What's the grounds? Can't we let sleeping dogs lie? (There's a million of these!)

Published 2013-04-03

Dear Mr. Reno:
I have a tenant suppose to buying on land contract. They are behind 3 payments and haven't lived there for about 31/2 months.they are suppose to pay the electric and water they was shut off in dec 2012 my water pipes had all frozen up and the place is a total disaster you can't walk through the place dog has left his business all over they left the dogs there for weeks been unattended. I've asked for 3 weeks to get her stuff out and she won't. Now she says she doesn't want the place. But still won't get her stuff out.plus parked a car there with no tags.Ive got someone else that wants to buy it now. What do I do? please help!

Vicki, WV

A: You have to start an eviction. You may think she's gone, but she's not. If her "stuff" is still there, she's still there, or at lease legally she's still "in possession".
Now if the "stuff: is garbage, that's different. Then you can consider the premises "abandoned" and take possession. So which is it Vicki?

Dear Mr. Reno:
My tenants provided their notice and the last month skipped out on me not paying the last month and left me with some damages and major clean-up. One of them is the a/c. Per their lease, they were required to change the filter once a month. They never did and the a/c technician was out and the a/c required an extensive coil cleaning and duct clean based on the build-up. Due to the a/c model, I had to replace the entire unit. What can I charge the tenant in my deposit settlement?

Veronica S., FL

A: I vote for the whole unit on the theory that you had no choice but to replace it, but a court may knock you down on the theory that you had an old one & now you have a new one. Ask for 100% if it's disputed, settle somewhere between 50%-100%.

Published 2013-03-29

Dear Mr. Reno:
My tenant just moved in FEBRUARY and only pay $700.00 instead of $1200.00. i kept calling her and she wouldn't answer the phone. what should i do. the rent is pass due for a portion. not sure if she will even pay for the month of April 2013

Sandy P., CA

A: What are you waiting for?

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